Law of Torts - Passing Off

Vocabulary flashcards for understanding key concepts related to the tort of passing off.

Tort of Passing Off

A common law tort where a business misrepresents its goods or services as being those of another business, protecting business goodwill.

Goodwill

The attractive force which brings in custom to a business, representing its reputation and connection.

Misrepresentation

A false or misleading statement or representation made by the defendant that deceives or is likely to deceive consumers.

Get-up

The visual appearance or dress of goods or services, including packaging, shape, color, and design, that identifies them to consumers.

Common Law Trade Mark

Passing off, sometimes called common law trade mark protection, protects unregistered marks, signs and get-up.

Reverse Passing Off:

When a defendant claims that the plaintiff's goods are their own, done to acquire the plaintiff's reputation and goodwill, causing damage.

Damage (in Passing Off)

An essential element of passing off, referring to the harm or likely harm to the plaintiff's business or goodwill caused by the defendant's misrepresentation.

Reckitt & Colman v Borden Inc & Ors [1990] 13 RPC 341

A landmark case in passing off, involving the Jif lemon get-up, which established key principles for proving passing off.

Distinctive Get-Up

The appearance of a product or service that is recognizable and associated with a particular business, acting as a badge of goodwill.

Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1988] 1 NZLR 16 (NZCA)

A New Zealand Court of Appeal case that considered the likelihood of confusion in get-up between bakery products.